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tv   CBS 5 Eyewitness News at 6AM  CBS  July 31, 2012 6:00am-7:00am PDT

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crackdown on most medical marijuana dispensaries. the landlords of of the locations receive letters from a u.s. attorney threatening them or warning of property seizures in prison sentences. in the past local officials have said that the only dispensaries located near schools and parks and other places where children congregate are targeted to be closed. however, a stolen ford in a public health today's scheduled to be the last day of business for both of these medical marijuana dispensaries the public health,
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they are are feared that 20 permanent dispensaries in san francisco. live in san francisco this morning, we saw washington cbs five. >> a popular barbecue joint is damage, the result of a fire. patrick joins us from berkeley right now to explain why the damage could have been worse. >> i'm here at everett and jones barbeque in oakland. , and in berkeley. this place is famous for brisket, beef, chicken, barbecue, it was closed on university for several hours as firefighters battled the blaze. there was minimal damage to the building and berkeley chief avery wed tells us why >> the building is heavily constructed, primarily cinderblock, so that will help keep it burning more than it actually did.
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>> no reports of any injuries and we do not know if it will be open for business today. the fire is under investigation. >> there is another court appearance scheduled today for the man charged with kidnapping and killing morgan hill teenager's sierra lamar. antolin garcia-torres has a plea hearing in san jose but prosecutors to not expecting to enter a plea today. the body has not been found but dna evidence led to the arrest. the mother of a young man who accidentally killed himself in san francisco during a confrontation with police. the 19 year-old died last year when running away from officers who stopped in to pay a new fare. his mother says police failed to call for immediate medical care. three men had been shot and
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killed in visitation valley in the past few days. two of the murders happened yesterday afternoon. both died at hospital, so far there have been no arrests. on sunday another man was shot and killed. police believe all the murders could be gang-related. >> oakland police live in the news are now with a look >> according to the new report, oakland police department has a lot of work to do and a federal monitor is not sure they can do it. federal monitor says bo peavy has made little to no progress on tenure reforms. the department was ordered to make changes after four officers were accused of beating and framing suspects in west oakland. the report unveiled another concern posted on bulletin board at police headquarters. the photos were allegedly
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doctored and " racist ". the report could not name officials but according to the oakland tribune sources told them that the photos work of the oakland mayor and a district judge. in the report, the department needed help document and police work and to reform needs to go deeper than that. a city commission report is also questioning the police and how they handled the first occupied oakland protest last year. this report found police made major mistakes with protesters. oakland's police department has not made a statement. >> what about the city's mayor? as she made comments? >> she has spoken out.
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she told that federal takeover is not an option and says they're working hard to complete the reforms. >> with a quick look at the weather. >> a gorgeous day, yesterday it was all foggy but today we have mostly clear skies over the bay and the valleys. a couple of patches of fog at the coastline but we're working on a great day head as high pressure is still over head and it will hold on. temperatures on the mild side right now, '50s and '60s. it will be hot inland. yesterday we saw some of these numbers climbing as high as 90 degrees in livermore. mid-90s in livermore, about 92 in concord and a beautiful 69 with sunny skies in san francisco. let's look at the roads with elizabeth >> look at the traffic cameras, southbound 880 is the issue. all these had like moving
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southbound, there is an accident pretty close to the 98 avenue exit. two lanes are blocked. we continue to fall in traffic alert coming out of tracy. was down 205 by gramm line road
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there was an overturned big rig. two lanes are now open but one lane is now blocked so the traffic alert is in effect until about 7:00 this morning. >> the operator of a party bus involved in a deadly accident last week has a history of violations. the santa cruz sentinel reports that in 2010 the operator was fine for violations including operating with a suspended license and failing to drug tests to employees. last week 25 year-old died when she tumbled out the door and was run over by a bus in moscow los. she was fighting with another woman at the time. officers say there were 12-15 people on the bus, all of them intoxicated. chp says it will take weeks for them to find out exactly what happened. >> the pentagon is reporting the deaths of two people in afghanistan.
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a 23 rolled lieutenant from redding died from an improvised explosive device. the specialists from turlock was killed on friday. syria's largest city is now in its 11th straight day of protest. government forces are now bombarding neighborhoods with firearms and helicopter gunships. the syrian government defends its actions calling to rebel terrorist mercenaries. secretary general has called on both sides to adhere to a cease- fire. >> republican presidential candidate mitt romney lady wreath at the tomb of an unknown shoulder in warsaw poland. an honor guard stood at attention as about a dozen polish world war two veterans stood to either side. romney broke, spoke briefly to other vets, thinking them for their service. mitt romney is wrapping up an overseas trip after speaking in
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poland. he says he is inspired by poland's opposition to what he describes as a government dominated economy. romney has been criticized for comments he made in israel yesterday. he said israel is better off economically than palestine because of cultural reasons. a palestinian spokesperson called the comment races. the you think romney comments will hurt his campaign? share your comments on twitter or facebook or you can even e-mail us. >> a massive power outage in india today. over 1 million people are without electricity after three regional grid's collapsed. emergency workers have rushed generators to coal miners who are trapped underground. india's power minister blames the problem on individual states taking more than their share of electricity.
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>> the time now is 610. an 11 year-old ridiculed for her version of the national anthem >> her parents are coming to her defense. >> candy bars could put one man behind bars for a very long time. a bizarre but static california airport >> they are suing over a great. what a bay area m,,,,,,,,,,,,,,
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[ male announcer ] stop & go traffic. you can't always avoid it. but you can always do something nice for your car. chevron with techron. care for your car. at several farms were released to escape danger. oklahoma along with much of the midwest has been plunged into
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severe drought. the governor has declared a state of emergency. we now know what caused last month's fire at pier 29 in san francisco. investigators say it was welder's trying to get the building ready for its role in next year's america's cup race. despite heavy damage to the front of the building should be ready for the entire event. a bizarre drug bust at lax >> authorities say they caught and x navy officer who was trying to smuggle drugs to tokyo hidden inside some candy bars. federal agents found 45 fullsize snicker bars inside the luggage and each bar was coated in a chocolate substance to make it look like a candy bar but tests revealed a candy actually contained methamphetamines. he says he was traveling to japan to visit his girlfriend in he was puzzled when authorities told him that hong kong is not in japan. >> let's get a look at the
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traffic with elizabeth. >> it has been busy lately and we have a number of different problems. a camera picking up growing hot spots. you can see the headlights bottleneck in so there are a lot of brake lights. the closer spot is where we have two lanes blocked it possibly three and some damage to san barrels in the area so we're hearing about minor injuries and hopefully they will be able to clear that soon. in the meantime we see delays beyond high street now so if you have a flight at oakland airport, this is what it looks like pass the coliseum and the oakland airport. very slow right now in the southbound lanes. everything is fine in mass- transit except you'll notice delays for the vallejo ferry. they're having to shuttle buses to the 63730 ferry departures.
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west palm oil in livermore, a lot of green and hardly any brake lights, better than usual across this stretch because of a problem spot farther east. westbound 205 by gramm line road, and overturned a big rig. they have a couple of lanes open but one lane is still closed and they say the traffic alert will be in effect until about 7:00 this morning. slow heading out of tracy and stockton. if you're looking for an alternate, southbound interstate 5 towards west down 132 and then connect to interstate 580 because this will be a hot spot for at least another 45 minutes. for your weather on this gorgeous day of its check-in with warrants >> looking good out there now,
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more sunshine and we had yesterday. sunrise now in the bay area is looking good so far. sunny and mild inside the bay but temperatures day above average at least for now and probably for the next few days. we can say thank you to the big ridge of high pressure over the desert southwest. monsoon moisture in southern california but we will stay dry. lots of sunshine just about everywhere you go. no delays at sfo this morning. a chance of thunderstorms in denver. a chance of thunderstorms also in new york city at 77. traveling around the bay you will find temperatures as high as the mid-80s in san jose. 77 in hayward.
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94 degrees in livermore, 93 in pleasant hill. inside the day you will find a lot of 60s. 72 in alameda. it looks like the next few days the temperatures will stay up. still some patchy fog towards the coastline. everybody cools down as we head to next weekend. >> opening arguments are on tap this morning in the apple lawsuit against samsung. apple accuses samsung of producing smart phones and tablets that are illegal knockoffs of the iphone and ipad. apple wants to $0.5 billion of damages. >> he got mostly a's on his report cards until he missed the chemistry lab and was upset to find he got a c plus. now his mother is suing albany
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high school in federal court to get a better grade. he says he got permission to miss the lab so he could go to court for the adoption of his sister but he claims the teacher had a change of heart >> this is not about the great, it is about standing up for something that is wrong. the teacher is a bully and the school district didn't do anything about it. >> the school eventually change the grade to be but they are suing for an a-plus and monetary damages. >> it only took 15 innings >> oaklands dramatic win over tampa bay. >> critics call it the worst national anthem ever. iran edition that is now of viral. ,,,,
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>> the parents of the 11 year- old girl are defending her rendition of the national anthem after critics blasted it as the worst ever >> ♪ ♪ it takes a lot of guts to get out there and sing in front of all those people. she is only 11. >> the giants have lost their
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fifth straight game. >> we go to the 10th inning when one of the mets hit a solo home run, the final score is 8-7 mets. 19-4 in the month of july. on fire. today's play of the day comes from that same game. out at first, that is today's
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play of the day. >> coming up, a fight over $30 million >> major support for the new 49ers stadium >> bowling to pressure from the federal government, to more medical marijuana clubs in san fr,,,,,,,, ,, ,,,,,,,,,,,,
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>> good morning everyone. a popular place for barbeque in berkeley goes up in flames
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>> oakland police under fire for what is being called racist photos. those stories and more in your morning minute. >> solidarity was a great movement that freed a nation and it is with solidarity that america and poland face the future >> mitt romney wraps up his overseas trip with a foreign- policy speech in warsaw >> he had kind of an evil or diabolical presents >> james holmes has been officially charged in the colorado theater shootings >> a ultimately the issue is not whether he will step down but when and that will happen >> my girlfriend is dead >> the chp is hoping that someone will come forward to shed light on the death of a young woman who was riding a party boss last week >> the people were on the bus know exactly what happened. >> this is not about the grade, it is about standing up for something that is wrong.
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the stories that matter on the eyewitness news this morning. >> today is the end of the day part of a crackdown on marijuana dispensaries across california. >> we're standing in front of hope net which is scheduled to close at the end of business today. there are signs in the windows that indicate they're moving, the company says there closing but the sign says they're moving. there has been a state wide crack down on medical marijuana club since last fall. the landlords of both hope net and the vapor room both received
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letters from a u.s. attorney that warned of property seizures and prison sentences if the clubs did not close. in the past officials have said that the only dispensaries that would be targeted for closure are those that are near schools and parks and places where children congregate. says that both locations were in full compliance of local law. today's scheduled to be the last day of business for both of them. according to the department of public health, there are fewer than 20 licensed medical marijuana clubs in san francisco and that is a 10 year low. some activists are not happy about this and they planned a couple of protests over the next couple of days. there will be a new orleans style funeral march across downtown in protest of the club's closing. there will be a farewell party
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tonight blocking the closure of the vapor room. >> a busy morning for firefighters in berkeley who had to battle the fire at a well- known barbecue restaurant that began early this morning at everett and jones. the chief tells us that the damage was minimal because the 40 year-old building is primarily built out of cinderblocks. the exact cause is unknown right now >> let's get a look at the weather. >> it looks like fog is rolling in towards the coastline but look it over the bay, completely cloudy. we had drizzle out towards the coastline today and what a finish it will be. what the sun shine out there but looking towards the golden gate bridge we do have some patches of fog. as we head towards the
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afternoon we will be heating up again, 91 in morgan hill. 84 in san jose. inside the bay, san francisco is looking good. 77 degrees in hayward. lots of sunshine out there this morning. when will he come to an end? we will talk about that later >> what ms through oakland. we continue to follow a roll over crash with minor injuries from what we are told. if you are catching a flight out towards the oakland airport you could expect to be sitting in that unless you use city streets. you don't want to get stuck in
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that because right now a couple of plans are blocked and it is jamming up the on high street and the delays continue to grow. drive time right now nearly a half hour between the mays and 238. we will let you know when they reopen the lance. traffic alert out of tracy approaching grant line road. a big rig trailer overturned overnight and within the last few minutes all lands are now reopened. we're told from chp is still pretty backed up through the trees the area said just a heads up, they will keep that traffic alert in effect until delays completely disappear. shuttle buses being used because of mechanical buses. >> prosecutors in colorado are weighing whether to seek the death penalty for james holmes faces 142 criminal counts for the colorado movie theater massacre. he stared straight ahead
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yesterday in court as prosecutors charged him with 12 counts of first-degree murder and 12 counts of murder with extreme in difference. experts expect he will pursue an insanity defense. the man charged with killing sierra lamar returns to court this morning for a plea hearing for antolin garcia-torres but prosecutors did not expected to enter a plea today. 15 year-old sierra lamar disappeared and are body has not been found but dna evidence led to garcia thorez being arrested in may >> a lawmaker from santa clara is trying to get $30 million back that the county diverted away from the 49ers stadium project. matt joins us now to sort out the battle >> this is a legislative technique known as the debt and replace. you got the existing bill and replace it with something completely different and in this
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case we'll talk about the bill that did deal with teacher credential in and she has completely rewritten it and now it will help the 49ers and their stadium project in santa clara. you may remember last month in santa clara county committee surprised a lot of people when it voted to allocate that money that had been dedicated to the stadium and send it toward schools. we talk to the senate clara mayor who said the dispute should not affect construction time line which is key but it said it could impact the city's ability to repay the bank loans which are backing the operation. >> we want to get our construction loan paid off as soon as possible and this was something we entered into in
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2009, voted on by the voters and is legally binding so we want to ensure that we can fulfil the will of the voters and get it done >> $1.2 billion stadium is scheduled to be completed before the 2014 football season. the 49ers are currently suing the county over these many and a judge has issued a temporary restraining order to make sure the money does not get spent until all this gets sorted out. >> oakland police are stunned by new criticism. a federal monitor overseeing the apartment questions the forces willingness to reform itself. he joins us now, two photos are at the center of the controversy >> that is exactly right and we're still waiting for the police department's comments about the photos and what
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appears to be a scathing progress report. the apartment is one step closer to government takeover. they were ordered to make changes back in 2000 after four officers who called themselves the riders were accused of beating and framing suspects in west oakland. also reveals public officials posted on bulletin board, the photos were " racist and inappropriate ". according to the tribune sources told him that the photos were of the oakland mayor and a u.s. district judge. the judge henderson could determine whether to place the department under federal control later this year. he wrote " the defacing of racially offensive manner of the photographs of public officials or for that matter anyone in the police administration building strikes the heart of the reform effort ".
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the monitor also address concerns over the department's handling of occupy oakland protests. he would not go into detail but says he plans to produce separate reports on that and the officer involved shootings in the next three months. this is the monitors last report before attorneys will file a motion to ask the judge to strip oakland's control of the department. >> mitt romney is wrapping up his overseas trip after speaking in warsaw poland. he says he is inspired by poland's opposition to what he describes as a government dominated economy. meanwhile he's being criticized for comments he made in israel when he said israel is better off economically than palestine because of cultural reasons. a palestinian spokesperson called the comment recess. reporters asked romney about the controversy.
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>> are you concerned about some of the mishaps on your trip? >> >> to technology titans, two major problems. >> what is at stake for apple and microsoft >> in marriage proposal gone wrong at a baseball game. how it fell apart in front of thousands of people. >> the market opened just 10 minutes ago. the numbers are mixed, we will talk with jason brooks and find out what it all means when we come back.
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>> things can go wrong if he proposed your girlfriend in a very public place. a montana man planned to ask the big question via a scoreboard message at chicago's wrigley field but the problem was that his girlfriend went for drinks and miss the proposal. it did later happen though in the ninth inning and she did say yes. >> he looked a little bit bombed out. >> he should never have let her leave. >> let's go to the roof of for the weather >> it's gorgeous out here right now with mostly clear skies over the bay. a couple of patches of fog at the golden gate bridge but it looks like another beautiful day
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ahead. the sun is coming up, hot temperatures in wind and mild inside the bay but staying about average over the next few days. the ridge of high pressure dominating the desert southwest cranking up the temperatures here. sfo is looking good, just a couple of patches of fog moving by. maybe some thunderstorms in denver and new york that could cause delays as we had through the afternoon. 77 in hayward, east bay temperatures in the mid-90s and it looks like some pretty nice weather as you make your way inside debate. a very nice 72 in oakland. maybe a couple of degrees warmer as we head into thursday and then we begin to cool down on friday. in return to normal over the weekend.
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>> huge delays heading towards the oakland airport. this is the backup, we've been following an accident for nearly an hour southbound 880. we know that telling crews are on the scene. the only bright spot, these are minor injuries so hopefully they will be able to clear the accident soon. there was damage to the san girls but let's get a check of the bay bridge where the metering lights had been turned on so we're starting to see some delays. we have not seen any incidents at the bay bridge but you need to wait because the meter lights were just turned on within the last little bit. this accident has been cleared
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so all lanes are back open. >> americans are making more money and apparently hanging on to it. here now is jason brooks to explain. >> i think until we see the job market start to firm up we will see consumer sentiment pretty limp. spending was flat in june following a 10th of a percent loss the month before all despite income rising by a half percent. the money went to savings accounts. it that rate hit 4.4%, its highest level in one year. one part of the economy that continues improvement is housing. the bay arehad a sizable gain, 3.9% in may from april. that compared to the top 20
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average gain of 2.2% in may from a month before. the fed begins a two day meeting and we will see if another boost of stimulus comes for the economy. the market is off to a pretty spot flats part. a cautious tone like yesterday. nasdaq is up by nine. s and p is down and apple is really doing the heavy lifting with shares gaining 2% as opening arguments get underway today. >> apple and microsoft are set to release major products in fall and bryan cooley is here with a lot at stake for both companies. >> is a fascinating story because we have a busy fall coming up. the iphone 5 will have a major
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improvement in screen sizes and it will have the new four g network which is a faster way to connect over the cellular network that apple does not have yet. a lot of people buy these funds because of the superfast and actions of this is a major jump for apple. the new iphone 5 should have some major new features. >> i have no. 4 >> because people like you were waiting, apple's recent financial results were a little bit cool for the first time. >> >> at the same time late in october microsoft rolls out a major new version of windows and also a tablet that they will make. microsoft does not make hardware but they are changing that. they're going after the ipad thinking that no one can do it
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right including their partners. the surface, you can put it up like a little notebook with an attached keyboard. you see windows on the screen with a title interface instead of all those start menus that pop up. this is a major push by microsoft and apple. both companies have a lot at stake. >> the ipad will be a little bit smaller >> there could be a new smaller ipad. the thing about it is the size is really interesting. >> this is something you can walk around with but the ipad is so much bigger >> it is rumored that the so- called ipad many would be 7 in.. >> thanks so much, you can find more of brian's segment on cbs
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sets up dot com/mornings. >> time now for a look at what is coming up later on cbs this morning. charlie rose joins us from the east coast >> that was a fascinating conversation about tablets. first we had trans fat and thin sugar drinks and now the mayor of new york city is taking on infant formula. also, as more record temperatures blanket the country many high school students are facing potentially dangerous conditions on the football field. we will also see what officials are doing to stop cell phone users from being distracted and injured. that and more at 7:00 >> cbs this morning starts at 7:00. >> coming up, a check of the top stories next. >> a bay area pop shops snuffed
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>> checking today's top stories, in about two and a half hours the man charged with kidnapping and killing sierra lamar returns to court in san jose. antolin garcia-torres was arrested in may. prosecutors do not expected to enter a plea today. sierra lamar disappeared in march. a fire broke out this morning at a popular barbecue restaurant in berkeley. the damage is minal at everett and jones. firefighters tell us the cinderblock construction prevented flames from spreading too much.
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the exact cause is unknown. there are reports that the owners opened a restaurant later this afternoon. two medical marijuana dispensaries are closing today in san francisco. the vapor room has been known as a gathering place that of so offers free yoga classes and counseling. hope net has been in business since 2002, both clubs are closing under pressure from the federal justice department which warned landlords of property seizures and prison sentences. >> around the bay area, temperature's not too bad. 62 degrees in livermore. 61 in mountain view. 49 in santa rosa. this afternoon it will be hot again. 94 in livermore. 84 and sunny in san jose.
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temperatures might be warming up a few more degrees through thursday and then it looks like we will start to cool things down. temperatures returned to normal on saturday and sunday. >> look at this camera near the oakland coliseum. we been following an accident southbound 880, they reopened lanes a few minutes ago and now we're already seeing big improvements heading out of downtown oakland in the southbound lanes. a little bit slow but not nearly as bad as we have been seeing. to the south bay and san jose, looking good but a little bit slow coming up from san jose. both of those spots look pretty good and we continue to follow delays for vallejo and bailing
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ferry. they need to use some shuttle buses so if you plan on using the 735 very he will find yourself on a shuttle bus. everything else is reporting no delay this morning. >> in the latest results for the olympics, san jose firefighter marty malloy has won a bronze medal in judo. >> american swimmer lived up to our missile nickname winning her first gold medal in the 100 m backstroke. she says she's dedicating all the races to her home state of colorado. she attends high school and trains in aurora colorado. for complete coverage of the olympics and a photo gallery of the best moments, go to >> i did a story on the missile
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because she used a pack a house for the high school events and a lot of family members could not even get a seat because they were sold out instantly. good morning to our viewers in the west. it is tuesday, july 31, 2012. welcome to studio 57 at the cbs broadcast center. i'm charlie rose. mitt romney makes a major speech this morning as he wraps up his overseas trip. also a young american swimmer brings home the gold, while michael phelps looks ahead to a big day in london. and i'm gayle king. the midwest braces for triple digit temperatures. and we'll take you inside the process for picking a presidential running mate. but first as we do every morning, we begin with a look at today's "eye opener," your world in 90 seconds. >> solidarity was a great movement that freed a nation, and it's with solidarity that fuerica and poland face the


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